BREAKTHROUGH ON THE RIGHT TO COUNSEL

PRIVILEGE OF THE ACCUSED UNDER CUSTODIAL INVESTIGATION

GEMMA F. TIAMA

OUTLINE

I. II.

INTRODUCTION CONCEPT OF THE RIGHT TO COUNSEL UNDER CUSTODIAL INVESTIGATION Background Constitutional Safeguards

III.

THE ROOTS OF THE RIGHT TO COUNSEL A Sprout of the Protection against Voluntary Confessions Where It Branched-Out: Gideon and Escobedo Grafted Together: Adherence to Miranda Rights

IV.

THE FRUITS OF THE PAST: THE RIGHT TO COUNSEL IN MODERN ERA The Constitution of the Philippines R.A. 7438: Rights of Person Arrested, Detained, or Under Custodial Investigation R.A. 9999: Free Legal Assistance Act or the Lapid Law

V.

REVISITING THE RIGHT TO COUNSEL IN THE PHILIPPINES: ANALYSIS AND DISCUSSION Significance of the Counsel Custodial Phase of Interrogation Waiver of the Right to Counsel Inadmissibility of Uncounselled Statement The Fruit of the Poisonous Tree Doctrine

VI.

CONCLUSION